MT HB236

Allows mental fitness examinations of criminal defendants to be conducted at detention centers rather than requiring commitment to a hospital, with such examinations explicitly not constituting a commitment under existing law.

Requires the Department of Public Health and Human Services to adopt rules for conducting examinations at detention centers, including guidelines accounting for the detention environment and standards for remote examinations via two-way audio/video communication.

Transfers authority to determine whether a psychiatrist, licensed clinical psychologist, or advanced practice registered nurse is qualified to conduct mental fitness examinations from the court to the Department of Public Health and Human Services.

Preserves the right of prosecution or defense counsel to hire independent qualified examiners in addition to those selected by the department.

Maintains existing cost allocation rules, where examination expenses are paid by the court, defendant, or split equally depending on which party raised the fitness issue.